- CITES Amendments
Amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
2.1The amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1976 (CITES)was referred to the Committee on 26 March 2024.
2.2The Committee received two submissions and held a public hearing in Canberra on 18 June 2024. A list of submissions can be found at Appendix A. The hearing and witnesses are listed at Appendix B. The transcript of evidence from the public hearing can be accessed through the Committee’s website.
Overview
2.3The proposed treaty action (Category 1) is a multilateral environmental agreement that ‘arose from recognition that international cooperation is essential to safeguard certain species of fauna and flora from over-exploitation where their trade crosses country borders.’ Australia is among 184 parties to CITES which entered into force generally on 1 July 1975 and for Australia on 27 October 1976.
2.4CITES regulates international trade in wild fauna and flora via the listing of more than 40,000 species of animals and plants in three Appendices. Species listed in Appendix I have the highest degree of protection and cannot be internationally traded, except in specific and highly regulated circumstances. Appendix II lists the species that require international trade to be monitored to avoid overutilisation, with trade requiring a permit from the exporting country that can only be granted if export of the species will not be detrimental to its survival (a non-detriment finding). Appendix III identifies those species by a Party within its jurisdiction where the cooperation of others is needed to assist in regulating international trade and to avoid undermining domestic regulation.
2.5The amendments to CITES relate to species being newly listed on, removed from, or moved between the Appendices. The amendments are undertaken on the basis of scientific assessments and analysis of international trade data, and aim to ensure CITES can continue to effectively regulate the international trade of species at risk of over-exploitation.
Background
2.6At the 19th Conference of the Parties (19th Conference) held in Panama City from 14 to 25 November 2022, decisions affecting more than 500 species of animals and plants were made including the adoption of 46 listing proposals for Appendices I and II. Parties were also notified of two listing requests by Cuba and 18 by South Africa to Appendix III.
2.7The majority of listing amendments have no implications for Australia as Australia is neither a range State (i.e. the species do not occur naturally in Australia) nor are there Australian businesses trading in most species.
2.8The listing of the pygmy bluetongue lizard (Tiliqua adelaidensis), an endemic Australian reptile, to Appendix I followed a listing proposal developed by Australia in light of evidence that the illegal international pet trade is or may be a threat to the survival of these species. The species met criteria for listing in Appendix I and the proposal was adopted by consensus.
2.9The other listing amendments most relevant for Australia are:
- listing of four marine species (requiem sharks, hammerhead sharks, guitarfish, and sea cucumbers) in Appendix II for which Australia is a range State and are relevant to export fisheries, and
- listing of seven plant species in which Australia is known to trade: Rhodiola spp., and brazilwood (Paubrasilia echinata) in Appendix II as well as five of the listings in Appendix III requested by South Africa (Conophytum spp., Othonna retrorsa, Tylecodon reticulatus, Pelargonium triste and Adenia spinosa).
- The Australian delegation to the 19th Conference was comprised of five officers from the Department of Climate Change, Energy, the Environment and Water (DCCEEW), with one officer elected amongst the Chairs of the 19th Conference. This officer was required to act independently of the Australian delegation for the duration of the conference.
Justification
2.11Participation in CITES advances Australia’s conservation and trade interests by protecting native species from detrimental trade and facilitating legitimate wildlife trade into and out of Australia. It also provides a forum for international cooperation that allows Australia to enhance relationships with other Parties for the benefit of promoting effective regulation of international wildlife trade.
2.12Timely amendment of the Appendices is crucial to the effective operation of CITES, by ensuring that species are regulated appropriately according to current conservation requirements and trade pressures.
2.13The treaty action to amend the Appendices is consistent with Australia’s commitment to CITES and to the conservation of species threatened by international trade. Australia has not lodged a reservation for any of the amendments.
Obligations
2.14The amendments to the Appendices do not change the existing substantive obligations of Parties to CITES and Australia continues to be obliged to prohibit trade in the species included in Appendices I, II and III. The amendments change the composition of the list of species to which export and import rules must be applied.
2.15Implementing the required regulatory action within the specified timeframes is required for Australia to meet its obligations as a Party to CITES.
Entry into force and implementation
2.16At the public hearing DCCEEW explained to the Committee that CITES requires new listings to come into effect 90 days after the conference at which the listings were agreed. For the amendments to Appendices I, II and III the date of entry into force was 23 February 2023, however as provided for under CITES, several Parties, including Australia, lodged reservations to some amendments and the 19th Conference agreed to delay the listings of requiem sharks and straw-headed bulbul in Appendix II and Appendix I, respectively by 12 months.
2.17The 19th Conference also agreed to delay the listings of sea cucumbers in Appendix II by 18 months, the Dipteryx species and trumpet trees in Appendix II by 24 months. The delayed listings provide parties time to put necessary management arrangements in place, including determining whether continuing trade would have a detrimental impact on the survival of the species in the wild.
2.18Amendments to the Appendices do not require new legislation or regulation to implement.
2.19Australia implements CITES through the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), fulfilling obligations to prohibit or regulate trade in listed species. For a listed species to be eligible to import or to export from Australia, it must be permitted under the EPBC Act.
2.20The EPBC Act requires the List of CITES Species for the Purposes of the Act (the List) to be maintained and updated to include all species listed in the CITES Appendices. A legislative instrument to update the List to reflect the amendments to the Appendices was made on 23 February 2023. Instruments amending the list are not disallowable instruments.
Implications and cost
2.21Implementation of the amendments does not require new legislation or regulation but will result in trade in some species needing to meet stricter requirements under existing regulatory arrangements, imposing minor additional compliance costs on Australian traders. The additional regulatory burden to Australian businesses is estimated at $48,938 per year.
2.22The implications and costs of the listing amendments most relevant for Australia include:
- No impact as Australia does not export the pygmy bluetongue lizard, and its trade is prohibited by domestic law, and it is already listed as endangered under the EPBC Act.
- Listing of four marine species: requiem sharks, hammerhead sharks, guitarfish, and sea cucumbers is expected to affect several Australian exporters.
‒For continued export of these species sourced from Australian fisheries, the Australian Government would need to make a non-detriment finding before approving trade. Management procedures to enable continuation of export were implemented before the listings took effect.
‒Businesses intending to continue exporting these species will be required to obtain export permits. For requiem sharks and hammerhead sharks this is expected to include up to four businesses, plus one live shark exporter and one exporter of shark skulls. For sea cucumbers it is expected to include up to two exporters each from five fisheries.
- Listing of Rhodiola spp. is expected to affect up to two businesses that would be required to obtain import or export permits to continue to trade in raw products. Permits cost of $73 for a single use permit or $183 for a multiple consignment authority, valid for a period of six months.
- Changes to the existing listing for brazilwood exempt re-exported finished musical instruments and accessories from permitting requirements. While Australia imports worked or finished musical instrument bows made of brazilwood it does not appear to import unfinished bows or raw timber, as such Australia’s musical instrument industry will not be affected.
- Listing of five plant species was assessed by the DCCEEW and Office of Impact Analysis and expected to be minor affecting several Australian businesses that import the species.
‒The number of businesses expected to be required to obtain permits are three for Conophytum spp., two for Othonna retrorsa, two for Tylecodon reticulatus, nine for Pelargonium triste and three for Adenia spinosa.
‒Permits cost of $73 for a single use permit or $183 for a multiple consignment authority, valid for a period of six months.
Future treaty action
2.23Future amendments to the Convention or the Appendices would constitute a treaty action and be subject to Australia’s domestic treaty making requirements, including tabling in Parliament and consideration by this Committee.
2.24Amendments to the Convention itself can only occur at an extraordinary meeting of the Conference of the Parties with a two-thirds majority of Parties present and voting.
Denunciation
2.25Article 24 states that any Party may denounce the Convention by written notification at any point in time. The denunciation will take effect twelve months after the Depositary Government (Government of Switzerland) has received the notification’
Consultation
2.26DCCEEW consulted with state and territory governments, the Indigenous Advisory Committee, the Office of the Threatened Species Commissioner, relevant industry stakeholders, scientists and members of the public on proposed amendments to Appendices I and II. A full list of stakeholders who were consulted is included on pages 14 and 15 of the National Interest Analysis.
2.27For the proposed listings of requiem sharks, hammerhead sharks, guitarfish, and sea cucumbers the DCCEEW consulted with Australian fisheries agencies and industry representatives both prior to and during the 19th Conference to account for their concerns. Consultation did not include the amendments to Appendix III adopted concurrently with the amendments to Appendices I and II adopted at the 19th Conference, as Australia was not made aware of these amendments until the conclusion of the 19th Conference.
2.28DCCEEW also consulted in person with representatives from a number of Non-Government Organisations (NGOs) including representatives from Conservation Analytics, Humane Society International, International Fund for Animal Welfare, Born Free, World Wildlife Fund (WWF) and TRAFFIC in March and September 2022. DCCEEW also received written comments from Born Free, Environmental Investigations Agency, Humane Society International, International Fund for Animal Welfare, Species Survival Network, TRAFFIC, Wildlife Conservation Society, Wildlife Management International, and WWF.
2.29In its submission to the inquiry, Humane Society International Australia (HSI Australia) stated its ‘full support for the Australian Government to implement the latest changes to the CITES appendices under the EPBC Act for the species for which we are a range state’, and advised that it has consulted with the Government on the Non-Detriment Findings now required for the shark and ray species added to Appendix II that will continue to be exported. HSI suggested that ‘It is important that Non-Detriment Findings are drawing on the best available scientific evidence and taking a precautionary approach.’
Issues
90-day entry into force requirement
2.30DCCEEW explained to the Committee that there was a delay to the tabling of the National Interest Analysis until after most listings had taken effect due to the 90-day entry into force requirement. DCCEEW further explained that:
…it wasn't possible in the time frame to be able to table the National Interest Analysis before the amendments took effect. All the amendments in CITES adopted by the conference of the parties, or CoP, come into force 90 days, generally, after the close of the conference unless there was agreement for a different date by the parties, a couple of instances of which we have heard about today. But we then have to wait for a number of things to come out from the secretariat. In this particular case, we needed formal notice of the amendments by the CITES secretariat in order to finalise the National Interest Analysis, and unfortunately we did not receive that notification until early 2023, and then further notification from the CITES secretariat with further relevant information coming in February of that year as well. We understand that delay in the notification informing parties of reservations that is needed to inform the National Interest Analysis is also challenging, and unfortunately that particular notice wasn't published until late April 2023. So we just find ourselves in a position where we can't actually finalise the body of work that is required for the National Interest Analysis before we are in a position of these particular listings coming into effect under the treaty itself.
2.31DCCEEW further noted that in an effort to keep the Committee informed of the treaty action, the Minister for Environment and Water, the Hon. Tanya Plibersek wrote to the Committee in October and November 2022 advising of the proposals to be considered at 19th Conference, and again in January 2023 providing a preliminary analysis of the meeting outcomes and advising that the amendments would likely come into effect before the National Interest Analysis would be tabled.
2.32At the public hearing DCCEEW and the Committee discussed that Canada had entered reservations in relation to all amendments adopted at the 19th Conference due to the necessity to complete its domestic legal requirements for the entry into force of the amendments.
2.33The Committee raised concerns with DCCEEW that, as was the case for Canada, the 90 day CITES time frame may not line up with Australia’s domestic processes, preventing opportunities for Australia to thoroughly evaluate the potential impact of new regulations, legislation or associated amendments to Australians and their businesses.
Impact to Australian businesses
2.34In its submission to the inquiry the Northern Territory (NT) Department of Industry, Tourism and Trade advised that the amendments to Appendix II of CITES to include the listing of requiem sharks, hammerhead sharks and guitarfish will increase compliance requirements and operating costs for several NT traders.
2.35At the public hearing DCCEEW explained that if Australia were to have taken out a reservation it would become a non-party to CITES for trade in that species, requiring Australia to cease exporting that product.
2.36To assess the viability of lodging a reservation, the Committee requested that DCCEEW compare the cost of the additional regulatory of $48,938 per year against what the cost to industry might have been in this instance. DCCEEW later responded to the Committee’s request in a response to Questions Taken on Notice and stated that the estimated cost of suspending trade by taking out reservations on new CITES listings would have had a minimum anticipated economic impact of approximately $1.49 million per year for requiem sharks and approximately $60,000 per year domestically, and in the rage of $12.6 million internationally for sea cucumbers.
Combatting wildlife trafficking
2.37HSI Australia explained that while export of live native animals has long been banned, Australia’s reptiles and birds are often victims of wildlife trafficking due to high demand on international markets which poses a significant risk to both conservation and animal welfare. To help combat this, HSI Australia encouraged Australia ‘to build on the listing for the pygmy blue tongue lizard with nominations for further species… (to) ensure we are using the full force of CITES to combat wildlife trafficking of all of our at-risk native reptile and bird species.’
Committee comment
2.38The Committee welcomed the efforts of DCCEEW to keep it abreast of the CITES treaty action, however it notes that all but the Dipteryx species and trumpet trees listings in Appendix II came into effect prior to referral to the Committee for consideration, which prevented the Committee from understanding the concerns of businesses impacted by the listings prior to the date of entry into force.
2.39The Committee also raises concern that the current 90 day entry into force requirement may be preventing Australia from thoroughly considering the impact of treaty actions on Australians and Australian businesses.
2.40The Committee was glad to hear that Australia was one of the countries that had advocated for the delayed implementation for the requiem shark listing, and the sea cucumber listings at the 19th Conference to allow for evaluation of implementation arrangements.
2.41The exemption of all re-exported finished musical instruments and instrument accessories from the brazilwood permitting requirement was welcomed by the Committee, which notes that Australia imports a significant quantity of worked or finished musical instrument bows made of brazilwood which, if listed would have a significant impact on Australia’s musical industry.
2.42The Committee supports the amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1976 and recommends that binding treaty action be taken.